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The legal counsel at Greenpeace Canada authored a misleading article in the Calgary Herald last week. In the article Pro: Truth in advertising is not a threat to free speech, Priyanka Vittal claims that oil and natural gas producers have removed the environmental performance content from their websites because “some of the alleged environmental initiatives the industry has been touting haven’t been based on solid evidence.”
Her assertions are not accurate. Producers have removed the environmental performance content because Bill C-59 places the burden of proving that environmental claims are based on “internationally recognized methodology” and proper testing of the party making them.
Because Bill C-59 does not define the methodology, producers believe this bill exposes them to frivolous allegations before the Competition Tribunal that will be impossible, expensive and distracting to defend against.
I struggle to see how Bill C-59 advances the energy transition in Canada, which the Liberal Federal government claims it’s focused on.
The energy industry reports environmental performance regularly to regulators in compliance with Canadian reporting standards. It is presumably reporting elsewhere where standards exist. It’s puzzling that Bill C-59 references “internationally recognized methodology” when a Canadian methodology already exists.
Bill C-59 will significantly facilitate filing frivolous cases for deceptive advertising practices directly before the Competition Tribunal by private parties such as environmental activists and climate advocacy groups. The industry has already experienced how impossible, expensive, and distracting it is to defend against similar frivolous allegations during the pipeline wars. Why should it not take easy steps to prevent becoming embroiled in such nonsense again?
It’s easy to conclude that Bill C-59 is another attack on the industry that provides many jobs, energy security, over 25% of Canada’s exports, and significant tax revenue.
Given the contentious relationship between the energy industry and the Liberal Federal government, many in the industry thought it prudent to remove content from their websites in the face of ambiguity.
The changes introduced by Bill C-59 will make it significantly easier for:
- The Commissioner of Competition to take enforcement action against greenwashing.
- Private parties such as environmental activists and climate advocacy groups, to bring frivolous cases for deceptive advertising practices directly before the Competition Tribunal.
Canada will advance its energy transition better if various parties quit:
- Accusing the energy industry that its environmental performance reporting is greenwashing without defining the term.
- Promoting a rapid energy transition that is financially and technically infeasible.
About Yogi Schulz
Yogi Schulz is an information technology consultant who works extensively in the petroleum industry to select and implement administrative, operations, and geotechnical systems. He writes regular articles about developments in the energy industry and technology.
You can contact Yogi Schulz through his LinkedIn profile at this link.
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